What to do after being involved in a car accident that was not your fault

July 26, 2024

Being involved in a car accident is a stressful experience, especially when it’s not your fault. Knowing the steps to take immediately after the incident can help you protect your rights and ensure you receive the compensation you deserve. This guide will walk you through the essential actions to take following a motor vehicle accident caused by a negligent party.

Ensure Safety and Check for Injuries

The first and foremost priority after any car accident is safety.



Move to a Safe Location

If you’re able and it’s safe to do so, move your vehicle to the side of the road to avoid blocking traffic. Turn on your hazard lights to alert other drivers.


Check for Injuries

Check yourself and your passengers for any injuries. Even if injuries seem minor, it's important to seek medical attention as some symptoms may not appear immediately. Call 911 to report the accident and request medical assistance if needed.

Document the Scene

Gathering evidence at the scene is crucial for car accident claims and for any potential legal actions against the negligent party.


Take Photos

Use your phone to take photos of the accident scene from multiple angles. Be sure to capture:

  • The position of the vehicles involved
  • Damage to all vehicles
  • Any skid marks or road conditions
  • Traffic signs or signals


Collect Witness Information

If there are any witnesses to the accident, ask for their contact information. Their statements could be valuable when proving the negligence of the other driver.



Exchange Information

Exchange the following information with the other driver:

  • Full name and contact information
  • Insurance company and policy number
  • Driver’s license and license plate number
  • Make, model, and color of their vehicle
  • Location of the accident


Notify the Police

It's important to have a police report to support your car accident claim. When the police arrive, provide them with an accurate account of what happened. Stick to the facts and avoid speculating about fault or liability.


Obtain a Copy of the Police Report

Ask the responding officer how you can obtain a copy of the police report. This document will be important when you file a claim with your insurance company and when seeking compensation for your car accident claim.


Seek Medical Attention

Even if you feel fine after the accident, it’s essential to get a medical evaluation. Some injuries may not show symptoms right away but can become serious if left untreated.


Follow Your Doctor’s Advice

Follow your doctor’s recommendations for treatment and keep detailed records of all medical visits, treatments, and expenses. This documentation will be important for your car accident claims and when working with a car accident attorney.


Contact Your Insurance Company

Notify your insurance company about the accident as soon as possible. Provide them with the necessary details and be honest about the events. Your insurance company will guide you through the claims process and help you understand your coverage.


Understand Your Coverage

Review your insurance policy to understand what is covered and what is not. This can help you better navigate the claims process and ensure you receive the compensation you deserve.


Consider Consulting a Car Accident Attorney

If you’ve been injured or if there is significant damage to your vehicle, consulting with a car accident attorney can be beneficial. An attorney can help you:

  • Navigate the legal process
  • Communicate with insurance companies
  • Gather and present evidence
  • Ensure you receive fair compensation for your injuries and damages


Finding the Right Attorney

Look for an attorney who is experienced in motor vehicle accidents and has a proven track record of success in car accident claims. Schedule a consultation to discuss your case and understand your legal options. At Wilson & Novak Law Offices we offer free case evaluations and there is no fee until we win your case, so you do not have to worry about any up front legal fees.


Keep Detailed Records

Maintaining comprehensive records of the accident and its aftermath is crucial for building a strong case. Keep copies of:

  • Medical records and bills
  • Repair estimates and invoices
  • Police reports
  • Correspondence with insurance companies
  • Any other relevant documents


Be Cautious with Statements

Be mindful of what you say to the other driver, witnesses, and insurance companies. Avoid admitting fault or making statements that could be used against you later. Stick to the facts and let the investigation determine liability.


Understanding Compensation for Your Car Accident Claim


Knowing the types of compensation you may be entitled to can help you better understand the value of your claim. Compensation for your car accident claim may include:

  • Medical expenses
  • Property damage
  • Lost wages
  • Pain and suffering
  • Emotional distress


Negotiating with Insurance Companies

Insurance companies may try to minimize the payout. Be prepared to negotiate and provide evidence to support your claim. If you have a car accident attorney, they can handle negotiations on your behalf to ensure you receive fair compensation.


When to Consider Legal Action

You should reach out to an experienced personal injury lawyer right away if you have been injured in a care accident that was not your fault. Even if the negligent party’s insurance company offers a what seems like a fair settlement, you may need to consider legal action, as there are many variables involved in an injury caused by an accident. Your attorney can advise you on whether filing a lawsuit is the best course of action and represent you in court if necessary.


Conclusion

Being involved in a car accident that wasn’t your fault can be overwhelming, but taking the right steps can help protect your rights and ensure you receive the compensation you deserve. Prioritize safety, document the scene, seek medical attention, and consider consulting a car accident attorney to navigate the legal process. By following these steps, you can effectively manage the aftermath of a motor vehicle accident and focus on your recovery.

Understanding Personal Injury Law Basics

April 9, 2025
Navigating the complexities of personal injury law can be daunting. This area of law encompasses a variety of scenarios where individuals suffer harm due to the negligence or intentional actions of others. From automobile accidents to medical malpractice, understanding the fundamentals of filing a claim is crucial for obtaining the compensation you deserve. What Constitutes a Personal Injury Case? A personal injury case arises when a person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible party could be an individual, a business, or even a government entity. Common examples of personal injury cases include automobile accidents, slip and fall incidents, medical malpractice, and product liability. Key Elements of a Personal Injury Claim To successfully file a personal injury claim, certain elements must be proven: Duty of Care: The defendant owed a duty of care to the plaintiff. Breach of Duty: The defendant breached that duty through negligence or intentional misconduct. Causation: The defendant’s actions directly caused the plaintiff’s injury. Damages: The plaintiff suffered actual damages, such as medical bills or lost wages. Types of Damages in Personal Injury Cases Damages in personal injury cases are typically categorized into two types: economic and non-economic damages. Economic Damages Economic damages are quantifiable financial losses incurred as a result of an injury. These include: Medical Bills: Costs for hospital stays, surgeries, doctor visits, and rehabilitation. Lost Wages: Compensation for income lost due to the inability to work. Lost Earnings Capacity: Future income lost as a result of long-term disability. Property Damage: Costs for repair or replacement of damaged property, such as a vehicle in car accidents. Non-Economic Damages Non-economic damages are more subjective and may include: Pain and Suffering: Compensation for physical pain and emotional distress. Loss of Consortium: Damages for loss of companionship or spousal support. Diminished Quality of Life: Compensation for a reduced ability to enjoy life’s pleasures. Steps to Filing a Personal Injury Claim Filing a personal injury claim involves several steps, each requiring careful attention to detail. 1. Seek Immediate Medical Attention Prompt medical evaluation is crucial not only for your health but also for establishing a clear link between the accident and your injuries. Medical records will serve as vital evidence in your personal injury case. 2. Gather Evidence Collecting evidence is essential for substantiating your claim. This includes: Photographs of the accident scene and injuries. Police or accident reports. Witness statements. Medical records and bills. 3. Consult with a Personal Injury Lawyer Engaging with a qualified injury attorney is advisable to navigate the legal intricacies. A personal injury lawyer can offer expert guidance, negotiate with the insurance company, and advocate on your behalf, ensuring you receive fair compensation. 4. File the Claim A formal claim must be filed with the responsible party's insurance company. This claim should detail the extent of your injuries and damages. An experienced attorney can assist in articulating the intricacies of your case. 5. Negotiate a Settlement Most personal injury claims are resolved through negotiation rather than going to trial. Your attorney will work to secure a settlement that adequately compensates for your losses. If negotiations fail, litigation may be necessary. Statute of Limitations The statute of limitations dictates the time frame within which you must file a personal injury lawsuit. Typically, this period ranges from one to six years from the date of the injury, varying by jurisdiction and case type. Consulting with an attorney promptly ensures compliance with these legal deadlines. The Role of Insurance Companies Insurance companies play a pivotal role in personal injury cases. They are responsible for compensating the injured party, but their primary aim is often to minimize payouts. Therefore, it is crucial to approach negotiations with caution and the support of legal representation. Common Tactics Used by Insurance Companies Delaying the Process: Prolonging the claims process in hopes of wearing down the claimant. Denying Liability: Asserting that their policyholder was not at fault. Underestimating Damages: Offering settlements that do not fully cover the claimant’s losses. Conclusion Understanding the basics of personal injury law empowers you to protect your rights and secure the compensation you deserve. Whether dealing with car accidents, medical malpractice, or other injuries, comprehensive knowledge of the legal process and the assistance of an adept personal injury lawyer are invaluable. By recognizing the various facets of filing a claim, the types of damages you can recover, and the tactics employed by insurance companies, you are better equipped to navigate your personal injury case effectively. Always prioritize your health and consult with a professional to guide you through this challenging process. To schedule a case evaluation with Wilson & Novak Law Offices, reach out online or give us a call at 219-757-0225 .
What does a personal injury attorney do

What does a personal injury attorney do?

September 18, 2024
A personal injury lawyer plays a vital role in helping victims of accidents and negligence get the compensation they deserve. From gathering evidence and negotiating with insurance companies to representing you in court, they handle all aspects of your case.